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Dred Scott Decision
''Dred Scott v. Sandford'', 60 U.S. (19 How.) 393 (1857), was a landmark decision of the United States Supreme Court that held the U.S. Constitution did not extend American citizenship to people of black African descent, and therefore they could not enjoy the rights and privileges the Constitution conferred upon American citizens. The decision is widely considered the worst in the Supreme Court's history, being widely denounced for its overt racism, judicial activism, and poor legal reasoning. It ''de facto'' nationalized slavery, and thus played a crucial role in the events that led to the American Civil War four years later. Legal scholar Bernard Schwartz said that it "stands first in any list of the worst Supreme Court decisions." A future chief justice, Charles Evans Hughes, called it the Court's "greatest self-inflicted wound". The decision involved the case of Dred Scott, an enslaved black man whose owners had taken him from Missouri, a slave-holding state, into Il ...
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Dred Scott
Dred Scott ( – September 17, 1858) was an enslaved African American man who, along with his wife, Harriet, unsuccessfully sued for the freedom of themselves and their two daughters, Eliza and Lizzie, in the '' Dred Scott v. Sandford'' case of 1857, popularly known as the "Dred Scott decision". The Scotts claimed that they should be granted freedom because Dred had lived in Illinois and the Wisconsin Territory for four years, where slavery was illegal, and laws in those jurisdictions said that slave holders gave up their rights to slaves if they stayed for an extended period. In a landmark case, the United States Supreme Court decided 7–2 against Scott, finding that neither he nor any other person of African ancestry could claim citizenship in the United States, and therefore Scott could not bring suit in federal court under diversity of citizenship rules. Scott's temporary residence in free territory outside Missouri did not bring about his emancipation, because the Miss ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over State court (United States), state court cases that turn on questions of Constitution of the United States, U.S. constitutional or Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case ''Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or s ...
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History Of Slavery In Missouri
The history of slavery in Missouri began in 1720, predating statehood, with the large-scale slavery in the region, when French merchant Philippe François Renault brought about 500 slaves of African descent from Saint-Domingue up the Mississippi River to work in lead mines in what is now southeastern Missouri and southern Illinois. These were the first enslaved Africans brought in masses to the middle Mississippi River Valley. Prior to Renault's enterprise, slavery in Missouri under French colonial rule had a much smaller scale compared to elsewhere in the French colonies. Immediately prior to the American Civil War, there were about 100,000 enslaved people in Missouri, about half of whom lived in the 18 western counties near the Kansas border. Growth The institution of slavery only became especially prominent in the area following two major events: the invention of the cotton gin by Eli Whitney in 1793, and the Louisiana Purchase in 1803. These events led to the westwa ...
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Missouri
Missouri (''see #Etymology and pronunciation, pronunciation'') is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Ranking List of U.S. states and territories by area, 21st in land area, it borders Iowa to the north, Illinois, Kentucky and Tennessee to the east, Arkansas to the south and Oklahoma, Kansas, and Nebraska to the west. In the south are the Ozarks, a forested highland, providing timber, minerals, and recreation. At 1.5 billion years old, the St. Francois Mountains are among the oldest in the world. The Missouri River, after which the state is named, flows through the center and into the Mississippi River, which makes up the eastern border. With over six million residents, it is the List of U.S. states and territories by population, 19th-most populous state of the country. The largest urban areas are St. Louis, Kansas City, Missouri, Kansas City, Springfield, Missouri, Springfield, and Columbia, Missouri, Columbia. The Cap ...
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Charles Evans Hughes
Charles Evans Hughes (April 11, 1862 – August 27, 1948) was an American politician, academic, and jurist who served as the 11th chief justice of the United States from 1930 to 1941. A member of the Republican Party (United States), Republican Party, he previously was the 36th governor of New York (1907–1910), an associate justice of the Supreme Court (1910–1916), and 44th U.S. secretary of state (1921–1925). As the Republican nominee in the 1916 United States presidential election, 1916 presidential election, he narrowly lost to Woodrow Wilson. Born to a Welsh people, Welsh immigrant preacher and his wife in Glens Falls, New York, Hughes graduated from Brown University and Columbia Law School and practiced law in New York City. After working in private practice for several years, in 1905 he led successful state investigations into public utilities and the life insurance industry. He won election as the governor of New York in 1906, and implemented several Progressivism in ...
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FindLaw
FindLaw is a business of Internet Brands that provides online legal information in the form of state laws, case law and codes, legal blogs and articles, a lawyer directory, DIY legal services and products, and other legal resources. The company also provides online marketing services for law firms. FindLaw was created by Stacy Stern, Martin Roscheisen, and Tim Stanley in 1995, and was acquired by Thomson West in 2001. FindLaw.com began in Silicon Valley in 1995 when the original founders compiled a list of attorney resources for a group of law librarians in Northern California. Based on the positive sentiment from the librarians, the founders decided to publish this information as a public legal resource on the domain FindLaw.com. Though there was a formal launch of FindLaw.com on January 9, 1996, the domain was first registered December 13. 1995. The website soon offered a wide array of legal content and resources for both attorneys and consumers, including a lawyer directo ...
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Encyclopædia Britannica
The is a general knowledge, general-knowledge English-language encyclopaedia. It has been published by Encyclopædia Britannica, Inc. since 1768, although the company has changed ownership seven times. The 2010 version of the 15th edition, which spans 32 volumes and 32,640 pages, was the last printed edition. Since 2016, it has been published exclusively as an online encyclopedia, online encyclopaedia. Printed for 244 years, the ''Britannica'' was the longest-running in-print encyclopaedia in the English language. It was first published between 1768 and 1771 in Edinburgh, Scotland, in three volumes. The encyclopaedia grew in size; the second edition was 10 volumes, and by its fourth edition (1801–1810), it had expanded to 20 volumes. Its rising stature as a scholarly work helped recruit eminent contributors, and the 9th (1875–1889) and Encyclopædia Britannica Eleventh Edition, 11th editions (1911) are landmark encyclopaedias for scholarship and literary ...
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Oxford University Press
Oxford University Press (OUP) is the publishing house of the University of Oxford. It is the largest university press in the world. Its first book was printed in Oxford in 1478, with the Press officially granted the legal right to print books by decree in 1586. It is the second-oldest university press after Cambridge University Press, which was founded in 1534. It is a department of the University of Oxford. It is governed by a group of 15 academics, the Delegates of the Press, appointed by the Vice Chancellor, vice-chancellor of the University of Oxford. The Delegates of the Press are led by the Secretary to the Delegates, who serves as OUP's chief executive and as its major representative on other university bodies. Oxford University Press has had a similar governance structure since the 17th century. The press is located on Walton Street, Oxford, Walton Street, Oxford, opposite Somerville College, Oxford, Somerville College, in the inner suburb of Jericho, Oxford, Jericho. ...
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American Civil War
The American Civil War (April 12, 1861May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States between the Union (American Civil War), Union ("the North") and the Confederate States of America, Confederacy ("the South"), which was formed in 1861 by U.S. state, states that had Secession in the United States, seceded from the Union. The Origins of the American Civil War, central conflict leading to war was a dispute over whether Slavery in the United States, slavery should be permitted to expand into the western territories, leading to more slave states, or be prohibited from doing so, which many believed would place slavery on a course of ultimate extinction. Timeline of events leading to the American Civil War, Decades of controversy over slavery came to a head when Abraham Lincoln, who opposed slavery's expansion, won the 1860 presidential election. Seven Southern slave states responded to Lincoln's victory by seceding f ...
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Judicial Activism
Judicial activism is a judicial philosophy holding that courts can and should go beyond the applicable law to consider broader societal implications of their decisions. It is sometimes used as an antonym of judicial restraint. The term usually implies that judges make rulings based on their own views rather than on precedent. The definition of judicial activism and the specific decisions that are activist are controversial political issues. The question of judicial activism is closely related to judicial interpretation, statutory interpretation, and separation of powers. Etymology Arthur Schlesinger Jr. introduced the term "judicial activism" in a January 1947 ''Fortune'' magazine article titled "The Supreme Court: 1947". The phrase has been controversial since its beginning. An article by Craig Green, "An Intellectual History of Judicial Activism," is critical of Schlesinger's use of the term; "Schlesinger's original introduction of judicial activism was doubly blurred: no ...
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Racism
Racism is the belief that groups of humans possess different behavioral traits corresponding to inherited attributes and can be divided based on the superiority of one Race (human categorization), race or ethnicity over another. It may also mean prejudice, discrimination, or antagonism directed against other people because they are of a different ethnic background. Modern variants of racism are often based in social perceptions of biological differences between peoples. These views can take the form of social actions, practices or beliefs, or political systems in which different races are ranked as inherently superior or inferior to each other, based on presumed shared inheritable traits, abilities, or qualities. There have been attempts to legitimize racist beliefs through scientific means, such as scientific racism, which have been overwhelmingly shown to be unfounded. In terms of political systems (e.g. apartheid) that support the expression of prejudice or aversion in discri ...
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Privileges And Immunities Clause
The Privileges and Immunities Clause (United States Constitution, U.S. Constitution, Article Four of the United States Constitution, Article IV, Section 2, Clause 1, also known as the Comity Clause) prevents a U.S. state, state of the United States from treating citizens of other states in a discriminatory manner. Additionally, a right of Freedom of movement under United States law, interstate travel is associated with the clause. Text Prior to ratification of Constitution The clause is similar to a provision in the Articles of Confederation: "The free inhabitants of each of these States, paupers, vagabond (person), vagabonds and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several States." James Madison discussed that provision of the Articles of Confederation in ''Federalist No. 42''. Madison wrote, "Those who come under the denomination of free inhabitants of a State, although not citizens of such State, are ent ...
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